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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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SECOND OPINION I have a business and I use a virtual

Customer Question

SECOND OPINIONHi,I have a business and I use a virtual terminal to process the clients payments. Recently I noticed that are several cashback transactions that were made without them letting me know in advance (instead of giving me the option of opening a dispute, they simply give the money back right a way).I'd like to know what kind of attorney I have to look for in order to get some legal advice (and help) for a case like that (against the merchant).thanks!
Submitted: 3 months ago.
Category: Legal
Expert:  Legal Expert Justin replied 3 months ago.

Hello! My name is ***** ***** I'll be the Expert assisting you today. I'm typing up my reply now and will return with it within the next few minutes.

Expert:  Legal Expert Justin replied 3 months ago.

These cashback transactions are refunds to your customers that are being processed without your knowledge or consent?

Customer: replied 3 months ago.
Thanks for the answer.
No. Customers are disputing real transactions they (they booked our vacation rental and we charged them). Then they suddenly tell their credit card they dont know what transaction that was and out merchant service company gives them the money back without asking us any questions
This has been happening for 2 years
Expert:  Legal Expert Justin replied 3 months ago.

Did they actually stay in the rental home? Or did they book it and then cancel their reservation?

Customer: replied 2 months ago.
far we found out that one client stayed and still opened a disputed. But besides this single case so far they booked it and then canceled the reservation. The problem is that it says on the website they booked that there's a cancelation fee. Unless we explicitly agree on waiving the cancelation fee, there will always be a fee for any cancelation.
Expert:  Legal Expert Justin replied 2 months ago.

Is there anything in your contract or terms of service with the merchant service company regarding disputed transactions?

Customer: replied 2 months ago.
The applications we have are attached to the first question. There it just says that the fee we pay for a cashback transaction is different between Visa/MC/Discovery and AmericanExpress. But not much besides that. The merchant refuses to send us a copy of the actual contract signed by us.
Expert:  Legal Expert Justin replied 2 months ago.

I would recommend contacting the individual credit card companies for each charge. They should all have a process for handling chargebacks. Here is the Visa website, for example:

If you can send in receipts for each transaction, then they should uphold the charges. However, there may be a time limit to dispute each charge.

It is difficult to tell if the processor is violating the terms of the contract without reviewing an actual copy. Why have they refused to send it to you? How often have you tried contacting them?

Customer: replied 2 months ago.
The first lawyer we talked with said they are probably holding back on sending us a copy of the contract because they must be doing something the contract does not allow them to. We have been trying to contact them on a daily basis for over two weeks now and every time we call they say they will send it over email but we simply never get an email.
Expert:  Legal Expert Justin replied 2 months ago.

That is certainly possible. Is their office in the same town by any chance? Is it possible for you to go there in person? Unfortunately, the only way to force them to produce the contract would be to file a lawsuit and then issue them a subpoena. I'm sorry I don't have better answers for you. Do you have any more questions?